s 8 Variation or rescission of maintenance orders, directions, etc.
8.—(1) The Tribunal may vary or rescind any subsisting maintenance order (whether secured or unsecured), in respect of a parent, or any direction given under section 6(5) or order made under section 6(8) —(a) where it is satisfied that the order or direction (as the case may be) was based on any misrepresentation or mistake of fact;[Act 22 of 2023 wef 01/07/2024] (aa) without limiting paragraph (a), where the parent has a record or purported record of abandonment, abuse or neglect of the respondent but this was not considered by or made available to the Tribunal at the time of making of the maintenance order;[Act 22 of 2023 wef 01/07/2024] (b) where there has been any material change in the circumstances of the parent or respondents;[Act 22 of 2023 wef 01/07/2024] (c) where another person is joined as a respondent; or (d) for other good cause shown to the satisfaction of the Tribunal.[37/2010] [Act 22 of 2023 wef 01/07/2024] (2) An application for variation or rescission of a maintenance order, a direction given under section 6(5) or an order made under section 6(8), may be made by —(a) the applicant; (b) a respondent; (c) the Commissioner; or [Act 22 of 2023 wef 01/07/2024] (d) [Deleted by Act 22 of 2023 wef 01/07/2024] (e) in respect of secured maintenance, the legal personal representatives of a respondent.[Act 22 of 2023 wef 01/07/2024] (2A) The Tribunal may —(a) in an application made under subsection (2) for variation or rescission of a maintenance order — in addition to or instead of varying, or instead of rescinding, the maintenance order, give directions for all or any of the purposes specified in section 6(6), if the Tribunal is of the opinion mentioned in section 6(5)(a) or (b); (b) in an application made under subsection (2) for variation or rescission of a direction given under section 6(5) — in addition to or instead of varying, or instead of rescinding, the direction, give other or further directions for all or any of the purposes specified in section 6(6), if the Tribunal is of the opinion mentioned in section 6(5)(a) or (b); or (c) in any application made under subsection (2) —(i) order that the payment of the maintenance (or any part of the maintenance) is subject to compliance by a person mentioned in section 6(8) with any direction given under section 6(5); or (ii) make any order necessary for, or incidental to, the proper carrying into effect of an order made under section 6(8).[Act 19 of 2025 wef 05/12/2025] (2B) In subsections (1), (2) and (2A) —(a) a reference to a direction given under section 6(5) includes a reference to a direction given under subsection (2A)(a) or (b); and (b) a reference to an order made under section 6(8) includes a reference to an order made under subsection (2A)(c)(i) or (ii).[Act 19 of 2025 wef 05/12/2025] (3) Where a maintenance order was made against more than one respondent or another respondent is joined, the Tribunal may re‑apportion the maintenance in a manner that it considers just upon an application to vary the maintenance order. (4) The Tribunal may, before hearing an application under this section and where it considers it necessary or desirable to do so, refer the differences between the parties to a mediator for mediation.[37/2010] [Act 22 of 2023 wef 01/07/2024] (5) The president or a deputy president of the Tribunal may dismiss any application made under subsection (2) if he or she is of the opinion that the application is frivolous or vexatious, and give the reasons for the dismissal.[Act 22 of 2023 wef 01/07/2024] (6) Any person who is aggrieved by a decision made under subsection (5) may, within 14 days after the decision, appeal in writing to the Tribunal.[Act 22 of 2023 wef 01/07/2024] (7) The president or deputy president of the Tribunal (as the case may be) who made the decision under subsection (5) that is under appeal must not participate in the proceedings or determination of the appeal.[Act 22 of 2023 wef 01/07/2024] (8) The president or a deputy president of the Tribunal may dismiss an application under subsection (5), and the Tribunal may determine an appeal made under subsection (6), without informing or involving the respondent.[Act 22 of 2023 wef 01/07/2024] (9) To avoid doubt, a reference to a maintenance order in this section includes a reference to a maintenance order made under section 5(3) with the consent of the applicant and respondent.[Act 22 of 2023 wef 01/07/2024] [Act 22 of 2023 wef 01/07/2024]